Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

The Defendant received KRW 2,450,000 from Ha, a foreign aircraft, and received a gift from 10,000,000 as stated in the facts charged (hereinafter “the instant car”) upon the request of the victim D to introduce investors well, and there was no fact that the Defendant by deceiving the victim and defrauded the money and the car.

The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.

Judgment

The court below made a statement to the effect that "the defendant received 2,450,000 won from the victim under the pretext of receiving an investment from the victim" under the name of "E, an investor," which is recognized by the evidence duly adopted and investigated by the court below, and that "the defendant was transferred 2,450,000 won to H under the victim's name," unlike this in this court, the defendant stated that "the defendant was transferred 2,450,000 won as expenses necessary to introduce a person to make an investment from the victim" (the evidence record No. 21,207, Nov. 207, 2007, the suspect interrogation), and the victim did not contact the defendant with the defendant on May 207, 2007, and the defendant did not have any contact with the defendant to the effect that the defendant would not have any money to be returned to the defendant as a collateral of the gift of this case."